New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-21
characteristics pluck he went down to the Lyngrn Hospital
In Second delivered address It's annual celebr
uon, as he has done for the last two years.
TIE CITY WILL LOSE NOTHING.
RENT MUST BE PAID BY THE BROADWAY
ROAD.

1
| QUESTIONS RAISED BY RECENT COURT or AP-
| PEALs DECIsIoN-MR. LACOMBR's ANSWER
| The Court of Appeals on March % handed down a
decision in the matter OF the Kings County Elevated
Railway Company IN which, speaking Of the General
Railroad act OF 1884, which makes the consent oil the
local authorities to petition for franchse condi-
tional upon the companys paying yearly percentages
| OF gross rece pts the court says
"These provisions that is, the provisions requiring
payments OF yearly peTcentaSes would have been en-
tirely unnecessary II under an act-that OF 1871
which contains none OF them. the local authorizes
could at their pleasure impose payment OF such sum ss
they thought proper a condition OF giving conse1t
The Off and counsel OF the Broadway and Sew
| enth Avenue Railroad Company looking at tins
remark very carefully They inclined to think 1t
means that i'll the opinion OF the Court OF Appeals the
| city has authority in law to charge them the
$4,000 annual rental for the Broadway road which
they are now paying and which originally exacted
OF the "Jske" Sharp people at Justice Darrets sug-
gestion. The recent opinion is construed showing
that coolest the additional ga 1000 over
the statutory tees. the Court of Appeals would decide
against the city TIE attention Corporation Counsel
Lacombe called to this passage in the decision
and he asked IL IL meant what the broadway and
Seventh-ave. people think it means He replied
The passage referred to appears to indicate that
such is the opinion OF tie court OF course do not
fee p epared concede that that Is what the judges
would hold il the precise question argued before
them You will perceive that they exDresslyquaty that
decision by saying that they need not aud do not de-
eide that point But it must OF course be admitted
tdat the inference from the opinion which you speak of
s. so lar ny it goes, a lair one.
The question Is not entirely novel. That Is, nave
heard 1T raised before, although do not know that it
has been pr sented in court IA recently the 3Ist
of December last adv sod the Board OF Aldermen that
in my opinion II quite doubtful whether it the
intention OF the Legislature to authorize the aihxing
Of an additional pecunary condition to the grant OF
such consent"
Assuming that the Court of Appeals should hold
this when the question l. argued before it, how
would that affect the condition in the consent given to
the Broadway Surface kalroad requiring 1t TO pay
$40 900 year to the ciyi Would not such n decision
is indicated be tantamOunt TO holding that the
Aldermen had no authority TO aix such condition to
their consent and therefore, while the consent might
sand the condition would be vod And would not
the result he that the city would lose the l00 900
which At 10 supposed IL Ia nov entitled to "
L" II the Court OF Appeals should hold" answered
Mr.. Lacombe. that under the act of 1854 the Com
Council had no night 10 dix pecunary conditions
its consent. then the action Ut the Common COutc
of 1884 in ahxing ecuniary condition to the
sent given TO the Broadway road would, IN all like
hood he held void but the city would not, therefore
lose the $4,000 per You will remember that
when the General Term contirmsd the report OF tho
commissioners in tsvor OF the road which report took
place OF the consents OF the prOpertyowDcrs- il
referred TO the different conditions annexed to the
Aldermanic consent, and required ACT cement TO
abide by additional conditions. such the physical
removal of dirt SNOW, etc, the keeping in permanent
repair OF the portion OF the street occupied by is
tracks etc. etc In compliance with this direction the
Broadway Surface Railroad Company executed bond
(which is referred TO In the order in which IL agreed
that ii 1t should tail in the performance of any or
either of the conditions required by the General Term
in any other respect mentioned conditional in
the aforesaid resolution OF the Common Council its
franchise should be forfeited and become null and
VOID At the time that bold ed and the
order vi the General Term made 10 n matter
OF considerable doubt whether not the General
Term had any power TO require these additional
dltons. OF II IL had TO exact them
aud its order confirmed the report OF the commits
sioners. il might be that the right 10 build the ruai
was established, while the agreement TO comply with
these conditions was "a mere nsdHm pdctam agree
raent without valuable cosid. ration and therefore
void.
Appeals about being taken from this order OF
the General Teen to the Court OF Appa- and deemng
il very important that the city should hold securely
all that IL then had arrived Mt the conclusion that IL
INTO this agreement. which could ne east v doae by
.puiating not TO take prosecute appeal IRON the
General Term order. A letter wAs tteu to the |
Mayor tho subject under date of May % 1885, In
which 4 stated that n the Counsel 10 the CORPORA
ton lett 10 determine tn. question upon his own
the interests OF the oty would be best subsrved by
not sp,'e'linz under stpul alton which would make
OF that failure to appeal valuable consideration suh
support the agreement; and that such action
would be taken unless the Mayor should Indicate in
writing his specific lake apt cal In which
la tho appeal would be taken aud prosecuted,
but with the distinct undorst nding that the Corpora
ton Counsel should be rel eyed from all responsibility
should that disaiv antag-ous 10 the
city than would tho adoption OF tue cOuise advised.
Mayor Grace concurrrd In .bis view OF the sitna-
ton and the stipulation thertupon executed. and
have doubt whatever that II u abundant consid
GRAFTON foi all the conditions pecunary otherwise
', hch enumerated in tho agreement made in |
lance with the directions Of the General Term
and that that agreement will bind the
in OF the Broadway Surface Railroad long
they take anything by the order"